This Project Is Funded by the European Union

This project is funded by the European Union

EU Twinning Project No. UA/47b

„Implementation of the best European practices with the aim of strengthening the institutional capacity of the Apparatus of the Ukrainian Parliament Commissioner for Human Rights to protect human rights and freedoms (Apparatus)“

REPORT ON

DEVELOPING A CURRICULUM AND TRAINING PROGRAMMES, PREPARING TEACHING AIDS AND TRAINING GUIDES(MISSION I)

1BASIC PROJECT INFORMATION

1.1.Twinning Number: UA/47b

1.2.Title: Implementation of the best European practices with the aim of strengthening the institutional capacity of the Apparatus of the Ukrainian Parliament Commissioner for Human Rights to protect human rights and freedoms (Apparatus)

1.3.Beneficiary Country: Ukraine

1.4.Member States: Lithuania/Austria

2ACTIVITY INFORMATION

2.1.Activity No and Title: 3.3.DEVELOPING A CURRICULUM AND TRAINING PROGRAMMES, PREPARING TEACHING AIDS AND TRAINING GUIDES

2.2.Start date: 2017-08-28 and end date of the Activity: 2018-04-31(4 missions planned)

2.3. Experts of the Activity 3.3, Mission 1:

1. Ms. Salvija Kavalne (key expert), Law Institute of Lithuania; 2017.08.28 – 2017.09.01;

2. Ms. Jurgita Paužaitė-Kulvinskienė, Law Institute of Lithuania; 2017.08.28 – 2017. 09.01;

3. Ms. Laima Vengalė-Dits, Office of the Equal Opportunities Ombudsperson; 2017.08.28 – 2017. 09.01;

4. Ms. Dijana Šinkūnienė, State Data Protection Inspectorate; 2017.08.28 – 2017. 09.01.

5. Ms. Skirgailė Žalimienė, Supreme Administrative Court of Lithuania (via Law Institute of Lithuania); 2017.08.28 – 2017. 09.01;

6. Mr. Gintautas Valickas, Vilnius University (via Law Institute of Lithuania); 2017.08.28 – 2017. 09.01.

2.4. Tasks and description of the Activity:

Building on the Needs & Gaps Analysis developed in Activity 3.1 MS experts under the leadership of the key expert and in close cooperation with the Ombudsperson and Apparatus will develop a set of specific curricula. Training programs willbe directed towards improvement of common competences and skills (communication, planning, mediation, conflict resolution, work under psychological pressure, etc.) and on increasing of competencesand skills in the areas of data protection, equal rights and non-discrimination, access to public information.

MS experts will timely prepare comprehensive training materials for future training: trainingprogrammes, teaching aids and training guides(including manuals in printed and electronic form, with the examples of cases based on the case law of the European Court of Human Rights).

The qualitative and quantitative analysis of all already developed training programs in the areas of personal data protection, access to public information and antidiscrimination should be performed before preparing new training programmes.

Training curricula for each branch of the Ombudsperson’s offices activities and all material will be prepared:

• having in mind that trainings will have an exclusively practical approach with special emphasis on Jurisprudence of the European Court of Human rights,
• providing know-how based on practical situations,
• having in mind the real shortcomings of national institutions in the sphere of human rights,
• taking into account the special needs and requests of the Ukrainian partners, building on the Needs & Gaps Analysis developed in Activity 3.1.

Train the trainer curriculumand training materials will be prepared covering, among others, the following aspects:

• Developing educational leadership and techniques/methods for adult training (i.e. effective ways for the preparation of the cases studies, stimulating the group activities, handling conflict situations, etc.);
• Developing effective communications skills and advanced teaching competencies(i.e. planning and designing the training sessions, using various evaluative procedures to assess learning progress and training behavior, etc.).

All curricula will be presented to the Ombudsperson office and will be revised taking into account their remarks and feedback. Final versions of curricula will be handed in for approval by the Ombudsperson office.

2.5. Meetings

During the 1mission (2017.08.28 – 2017.09.01), meetings with therelevant stakeholders and the Apparatus’ staff members were organized:

August 28
9.30 – 10.30 / Meeting withMs. Olena Smirnova, Deputy Head of Apparatus of the Commissioner for Human Rights on planning issues related with developing a curriculum and training programmes, preparing teaching aids and training guides.(Blue Hall, Second floor)
10.30 – 18.00 / Individual expert’s meetings with Ms. Aksana Filipishyna, Representative of the Commissioner for observance of the rights of the child, non-discrimination and gender equality;Ms. Iryna Bisyk, specialist of the Department of personal data protection; Ms. Iryna Kushnir, Representative of the Commissioner for drafting of constitutional appeals and observance of the right to access to public information.(Blue Hall, Second Floor)

1. ACTIVITY RESULTS

3.1. Results achieved:

1. The design and the structure of the training programmes approved.

2. The concrete list of programmes to be developed at the end date of the Activity agreed.

3. First set of training programmes, including teaching aids and training guidelines developed (see attachments).

3.2. Documents delivered

1.Report, including the list of programmes to be developed.

2. Training programme “Processing of personal data in the employment context: European Union standards”. Training programme includes training curriculum, suggested working plan of the workshop and guidelines for trainers.

3. Training curriculum for the programme “European Union standards in data protection: data protection reform” (the whole programme to be developed during the next mission).

4. Training programme “Difference in salary for the same work or the work of the same value on the ground of person’s gender in EU”. Training programme includes training curriculum, suggested working plan of the workshop and guidelines for trainers with ppt presentation and 2 examples for practical presentation.

5.Training guidelines for the training programme“Stress and coping” (the whole programme to be developed during the next mission).

6. Training guidelines for the training programme “Interaction in conflict situations” (the whole programme to be developed during the next mission).

7.Training curriculum for the programme “The implementation of the right of access to information in specific areas”, suggested working plan and first part of the training guidelines “Revelation of secret information: national security and secret evidence in legislation and before the courts”(the whole programme to be developed during the next mission).

Recommendations/observations/comments (if any):

General remarks:

1. One of the first general findings of the Needs & Gaps Analysis developed during the Activity 3.1 was that there is a clear need to create an effective, continuous and sustainable training system of the personnel of the Apparatus. Especially in the current situation where a lot of the personnel are young specialists and there is a clear need for improving different skills and qualifications.

2. The second important finding was that the main strength of the Ombudsperson’s institution regarding the training is the attitude of the personnel of the Apparatus towards the training. The absolute majority of the interviewed personnel of the Apparatushave an adequate and very positive attitude towards the training and they understand correctly their need and duty to constantly improve their knowledge and skills.

3. Also, the conclusion was made that there is a need not only to develop specific training programs covering the training of trainers, improvement of common competences and skills, general mandate of the Ombudsperson in the areas as access to public information, data protection and equal opportunities, but also to extend them regarding training on rule of law and of good administration. It was agreed that qualitative and quantitative analysis of all already developed training programs should be performed before preparing new training programmes.

4. Therefore, during the first mission of the Activity 3.1. (2017.08.28 – 2017.09.01),

first, the qualitative and quantitative analysis of all already developed training programs in the areas of personal data protection, access to public information and antidiscrimination,rule of law and of good administration, common competencies and trainer’s competences were performed.

5.Second, the design and the structure of the training programmes was debated it was agreed, that each particular training programme should be developed under the basis of the training programme template, which consists of the 1) training curriculum, 2) proposed working plan and 3) guidelines for trainers with concrete material, examples, etc.

6.Third,it was agreed that the training programmes will be developed as independent modules which depending on the length of their content will be prepared either for the 1-day workshop (8 hours) or half day workshop (4 hours). Such structure, based on modules, will allow greater flexibility for the trainers from the Apparatus later on to construct the concrete training courses for practitioners based on real needs and available timeline (for example, if needed trainers could deliver 1-day training, based on two different training programmes (modules): one half day module from the data protection area and one-half day module from the access to public information area.

7.Fourth, it was agreed that all training programmes should aimed at practitioners and be practice-and problem solving oriented. To the extent possible, they should be focused on study of practical examples and the case law (if existing) of national courts and the practice of the European Court of Human Rights and European Court of Justice and tailored specifically to the current needs of the Apparatus.

8.Fifth, regarding the content of the training programmes it is suggested to establisha clear and logical training system where training programmes are divided into three main training pillars:

I. Training programmes on the training methodology for trainers (to be used in the train the trainers courses);

This pillar encompasses 4 training modules on various methodologic aspects of adults training;

II. Training programmes on common competencies and skills;

This pillar is further divided into 3 parts:

II. 1.Psychological skills and competencies (4 training modules);

II.2. Public relations / awareness raising activities on human rights(2 training modules);

II.3. Competencies and skills related to the general mandate of Ombudsperson(3 training modules).

III. Training programmes on competencies and skills in specific legal areas;

This pillar is further divided into separate parts encompassing knowledge and skills in various specific legal areas:

III. 1. Data protection (4 training modules);

III. 2. Access to public information(4 training modules);

III. 3. Equal rights and non-discrimination(8 training modules).

(N.B. Remark: only three specific areas do fall into the scope of the Twinning project: Data protection, Access to public information and Equal rights and non-discrimination. Nevertheless, in order to ensure sustainability of the project activities and using the systematic approach later on this pillar could be expanded by the personnel of Ombudsperson apparatus themselves including training programmes on other relevant topics such as NPM, etc.).

I. Regarding the training programmes on the training methodology of the training for trainers:

1. Currently, the Apparatus does not have any train the trainers programmes in-house. But according to the Needs and Gaps analysis,developed during the Activity 3.1, there is in clear need for the improvement of the training methodology skills.

2. Regarding the strong need to have more trainings aimed at increasing the trainers’ competencies in order to ensure the sustainability or the trainers’ preparation the recommendation was formulated to consider establishing so called “in-house trainers of trainers”.It was suggested to choose from the pool of the experienced trainers from the Apparatus few people for the constant role of the Trainer of the trainers. These people should then be encouraged to constantly improve their methodological knowledge and share their experience with the new colleagues who only start their activities as the trainer.

3. Therefore, the training programmes on training methodology are to be prepared bearing in mind that their main target group is these kind of “in-house” trainers who will later on deliver knowledge and skills of training methodology for other trainers (current or potential) from the Apparatus. Apart from that, training programmes on training methodology could be used as self-education tool for the independent learning (preferably in combination with the practical training).

4. The topics below which are to be covered by the training programmes on the training methodology for the trainers correlate with those which resulted from the analysis of the interviews and results to the questionnaire and should encompass the following modules:

• Specifics of adults learning. Promotion of collaboration and active learning among diverse trainees with different learning styles - duration 4 hours (half working day).

• Effective tools and instruments for adult learning- duration4 hours (half working day).
• Planning a training session - duration 4 hours (half working day).
• Methods and procedures for the evaluation of the trainings- duration 4 hours (half working day).

II. Regarding the training programmes on common competences and skills:

Currently, the Apparatus does not have any training programmes on common competences and skills in-house. But according to the Needs and Gaps analysis, developed during the Activity 3.1, there is in clear need for the improvement of the common competences and skills in three areas: 1) on psychological topics; 2) on public relations / awareness raising activities on human rights and 3) on competencies and skills related to the general mandate of Ombudsperson:

II. 1. Psychological skills and competencies

1. Discussions with the Apparatus’s personnel revealed that they didn’t hadany training courses on psychological topics earlier. On the other hand, the discussions have indicated that at present there exists a sufficiently clear training needs in various psychological subjects. One of the most mentioned was the training on how to interact with differentapplicantsin conflicting situations. Other often mentioned areas were: how to cope with the huge workload and manage one’s time, how to control nonverbal behaviour and how to cope with stress and increase effectiveness of solving problems.

2. The responses to the questionnaires question “What kind of psychological training would be beneficial for the improvement of their knowledge and skills” revealed that for the respondents the most important training topic would be “Presentation of himself to the audience and control of the nonverbal behaviour” and “Coping with stress and improving theeffectiveness of solving problems”. Slightly less important was considered the management of one's time.

3. Taking into account the data of the interviews, results of the questionnaires, needs and requests of the Ukrainian partners (based on the Needs and Gaps Analysis, developed in Activity 3.1.), the training programmes on psychological topicsshould encompass the following modules:

• Stress and coping - duration 4 hours (half working day).
• Control of the nonverbal behavior - duration 4 hours (half working day).
• Interaction with applicants in conflict situations- duration 4 hours (half working day).
• Management of time - duration 4 hours (half working day).

4. Due to the factor that training on psychological topics could be delivered only by specialist in psychology, it should be kept in mind that the main target of prepared training programmes on psychological topics is the only the “in-house” trainer-specialist in psychology. Apart from that, these training programmes could be used only as self-education tools for the independent raising of awareness of sensitive psychological questions and most preferably the material should be consulted only in combination with the practical training, delivered by the specialist in psychology).

5. During the 1 mission the training guidelines for the topic of “Stress and coping” were prepared. The aim of these guidelines – to introduce a definition of stress and stressor, describe the pattern of stress functioning, typical symptoms and outcomes of experienced stress, as well as coping with stress techniques.

II. 2. Public relations/Visibility and awareness raising on human rights

1. The actuality of the topicspublic relations/ public awareness raising on human rightswas stressed during the interviews with personnel of the Apparatusof the Ombudsperson. Therefore, it was decided to prepare 2 training modules:

• Public relations/public accountability of the Ombudsperson - duration 4 hours (half working day);
• Visibility and Awareness raising activities on human rights- duration 4 hours (half working day).

2. Concrete assessment of the relevant situation in this regard and detailed content of the training programmes will be discussed with the relevant stakeholders and material will be prepared after the second mission of the Activity 3.3 in December 2017.

II. 3. Competencies and skills related to the general mandate of Ombudsperson (right to good administration and the rule of law)

1.In order to clarify training needs and to establish a list of specific topics on which the training curricula and training programmes should be developed the discussions with the representative of the Apparatus of the Ombudsperson were held. The analysis of the received training materials showed that currently there are no prepared training programmes (training courses) neither on the principle of rule of law nor on the right to good administration.

2. During the meetings the representatives of the Apparatus of the Ombudsperson explained that there is a clear need to deepen the understanding and the basic and advanced skills of the employees in the field of rule of law and the right to good administration.

3. The rule of law has universal relevance for all involved in the law, justice system and legal policy. This innovative course must introduce participants to using the rule of law as a practical tool for legal work in a wide of areas of the mandate of Ombudsperson. The training programme will explore the different elements of the rule of law in concrete terms, thinking about how rule of law principles applies in a variety of mandate of Ombudsperson, and discovering how to draw on the rule of law as an invaluable principle and framework.In addition, by taking part in the basic training programs as rule of law, participants shouldgain a large understanding of interaction between constitutional and ordinary legal framework; between domestic law system and supra-national law system; networking and scopes of the mandates of all stakeholders working for the protection of human rights: Ombudsperson, courts, prosecutor, legal aid service, bodies of public administration and etc. This interaction between the Ombudsperson and other stakeholders should base on the platform for exchange and collaboration protecting the main stream – human rights- and only in exceptional situations the instruments of the control and penalties should be used.